59032 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 

portions of documents at issue and 

identify and describe the reasons why it 

is believed that the information is 

improperly classified. The challenge, 

itself, must be properly marked and 

classified and, in this regard, the 

authorized holder must assume the 

current classification status and marking 

of the information is correct until 

determined otherwise unless the 

challenger asserts that the information 

marked unclassified should be classified 

or that the information should be 

classified at a higher level, in which 

case the challenger should mark the 

challenge and related documents at the 

asserted classification level. 

■ 6. Revise § 1907.21 to read as follows: 

§ 1907.21 Exceptions. 

(a) Documents required to be 

submitted for prepublication review or 

other administrative process pursuant to 

an approved nondisclosure agreement is 

not covered by this section. 

(b) Whenever the Agency receives a 

classification challenge to information 

that has been the subject of a challenge 

within the past two years, the Agency is 

not required to process the challenge 

beyond informing the challenger of this 

fact and the prior review decision; 

advising the challenger of the right to 

appeal a final Agency decision to the 

Interagency Security Classification 

Appeals Panel (ISCAP); and informing 

the challenger that if they wish to 

exercise this right, they must do so 

through Chief, Classification 

Management and Collaboration Group 

who will then forward the appeal to the 

ISCAP. 

(c) The Agency is not required to 

process classification challenges to 

information that is the subject of 

pending litigation. If the information 

that is the subject of a challenge falls 

into this category, the Agency will take 

no action on the challenge and will 

notify the challenger of this fact within 

10 business days. 

§ 1907.22 [Removed and Reserved] 

■ 7. Remove and reserve § 1907.22. 

■ 8. Revise § 1907.23 to read as follows: 

§ 1907.23 Designation of authority to hear 

challenges. 

(a) Chief, Classification Management 

and Collaboration Group shall be 

responsible for the initial Agency 

decision in a classification challenge. 

(b) Agency Release Panel (ARP). 

Appeals of denials of classification 

challenges shall be reviewed by the ARP 

which shall issue the final Agency 

decision in accordance with 1907.25(c). 

(c) ARP membership: The ARP is 

chaired by the Chief, Information 

Review and Release Group and 

composed of the Information Review 

Officers from the various Directorates 

and the Director, Central Intelligence 

Agency area, as well as the 

representatives of the various release 

programs and offices. The Information 

and Privacy Coordinator also serves as 

Executive Secretary of the Panel. 

■ 9. Revise § 1907.24 to read as follows: 

§ 1907.24. Initial determination. 

(a) Formal challenges shall be 

directed to the CIA Information and 

Privacy Coordinator (Coordinator) who 

shall promptly forward the challenge to 

the C/CMCG for action. The C/CMCG 

shall be responsible for the 

administrative processing of the 

challenge consistent with this section. 

(b) Within 10 business days of receipt 

of a challenge, the Coordinator shall 

record the receipt of the challenge and 

provide the challenger with written 

acknowledgement of the Agency’s 

receipt. 

(c) Except as provided in paragraph 

(d) of this section, the Agency shall 

render an initial written response to a 

challenge within 60 business days of 

receipt. 

(d) If the C/CMCG determines that the 

Agency is unable to respond with a 

determination within 60 business days 

of receipt of the challenge, C/CMCG will 

inform the Coordinator who will 

provide the challenger with written 

notice of the date by which the Agency 

will respond and a statement that if no 

Agency response is received within 120 

business days, the challenger has the 

right to have the challenge forwarded to 

the ISCAP, and may exercise this right 

through C/CMCG who will then forward 

the challenge to ISCAP. 

(e) The C/CMCG, after consultation 

with the originator of the information 

and other parties shall inform the 

Coordinator of the initial decision on 

the challenge and the Coordinator shall 

promptly inform the challenger of the 

decision in writing and inform the 

challenger of the right to appeal to the 

ARP if the challenge was denied. 

■ 10. Revise § 1907.25 to read as 

follows: 

§ 1907.25 Action on appeal of initial 

Agency determination. 

(a) The challenger may, within 45 

calendar days of receiving notice of a 

denial of the challenge, appeal the 

denial to the ARP by sending the appeal 

and any supplementary information in 

support of the challenge to the 

Executive Secretary of the ARP (ES/ 

ARP). 

(b) Within 10 business days of receipt 

of an appeal, the ES/ARP will record 

receipt, provide the challenger with 

written acknowledgement, and forward 

the appeal to C/CMCG, the appropriate 

IMTOs, originator, and other 

appropriate parties, who shall review 

the appeal and related materials, and 

within 30 business days provide a 

written recommendation to the ARP. 

(c) The ARP shall meet on a regular 

schedule and may take action when a 

simple majority of the total membership 

is present. Issues shall be decided by a 

majority of the members present. In all 

cases of a divided vote, before the 

decision of the ARP becomes final, any 

member of the ARP may by written 

memorandum to the ES/ARP, refer such 

matters to the Director, Information 

Management Services (D/IMS) for 

decision. In the event of a disagreement 

with any decision by D/IMS related to 

the classification challenge, Directorate 

heads may appeal to the Associate 

Deputy Director, CIA (ADD) for 

resolution. The final Agency decision 

shall reflect the vote of the ARP, unless 

changed by the D/IMS or the ADD. 

(d) The ES/ARP shall promptly 

provide the challenger with written 

notice of the final Agency decision and, 

if the appeal is denied, inform the 

challenger of the right to appeal to the 

ISCAP through C/CMCG, who will 

forward the appeal to the ISCAP. 

■ 11. Revise § 1907.26 to read as 

follows: 

§ 1907.26 Prohibition on adverse action. 

Agency correspondence to the 

challenger shall include a notice that 

CIA will take no adverse action or 

retribution against the challenger for 

bringing the classification challenge in 

good faith. 

■ 12. Revise § 1907.31 to read as 

follows: 

§ 1907.31 Right of appeal. 

A right of appeal may be available to 

the ISCAP established pursuant to 

section 5.3 of the Order. Action by that 

body will be the subject of rules to be 

promulgated by the Information 

Security Oversight Office. 

Dated: August 10, 2011. 

Joseph W. Lambert, 

Director, Information Management Services. 

[FR Doc. 2011–21574 Filed 9–22–11; 8:45 am] 

BILLING CODE 6310–02–P 

CENTRAL INTELLIGENCE AGENCY 

32 CFR Part 1908 

Mandatory Declassification Review 

AGENCY: Central Intelligence Agency. 

ACTION: Final rule. 


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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 59033 

SUMMARY: Consistent with Executive 

Order 13526, the Central Intelligence 

Agency (CIA) has undertaken and 

completed a review of its public 

Mandatory Declassification Review 

(MDR) regulations that govern certain 

aspects of its processing of MDR 

requests. As a result of this review, the 

Agency has revised its MDR regulations 

to more clearly reflect the current CIA 

organizational structure and policies 

and practices, and to eliminate 

ambiguous, redundant and obsolete 

regulatory provisions. This rule is being 

issued as a final rule without prior 

notice of proposed rulemaking as 

allowed by the Administrative 

Procedure Act for rules of agency 

procedure and interpretation. 

DATES: Effective September 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Joseph W. Lambert, (703) 613–1379. 

SUPPLEMENTARY INFORMATION: Consistent 

with Executive Order 13526, the Central 

Intelligence Agency (CIA) has 

undertaken and completed a review of 

its public Mandatory Declassification 

Review (MDR) regulations that govern 

certain aspects of its processing of MDR 

requests. As a result of this review, the 

Agency has revised its MDR regulations 

to more clearly reflect the current CIA 

organizational structure and policies 

and practices, and to eliminate 

ambiguous, redundant and obsolete 

regulatory provisions. This rule is being 

issued as a final rule without prior 

notice of proposed rulemaking as 

allowed by the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(A) for 

rules of agency procedure and 

interpretation. 

List of Subjects in 32 CFR Part 1908 

Classified information, Mandatory 

declassification review. 

Accordingly, the CIA is amending 32 

CFR part 1908 as follows: 

PART 1908—PUBLIC REQUESTS FOR 

MANDATORY DECLASSIFICATION 

REVIEW OF CLASSIFIED 

INFORMATION PURSUANT TO SEC. 

3.5 OF EXECUTIVE ORDER 13526 

■ 1. The authority citation for part 1908 

is revised to read as follows: 

Authority: Executive Order 13526 75 FR 

707, 3 CFR 2010 Comp., p. 298–327 (or 

successor orders). 

■ 2. Revise the part heading to read as 

set forth above. 

■ 3. Revise § 1908.01 to read as follows: 

§ 1908.01 Authority and purpose. 

(a) Authority: This part is issued 

under the authority of and in order to 

implement section 3.5 of E.O. 13526 (or 

successor Orders); the CIA Information 

Act of 1984), as amended (50 U.S.C. 

431; section 102 of the National Security 

Act of 1947, as amended (50 U.S.C. 

403); and section 6 of the CIA Act of 

1949, as amended (5 U.S.C. 403g). 

(b) Purpose: This part prescribes 

procedures, subject to limitations set 

forth below, for members of the public 

to request a declassification review of 

information classified under the 

Executive Order 13526 or predecessor 

Orders. Section 3.5 of Executive Order 

13526 and these regulations are not 

intended to and do not create any right 

or benefit, substantive or procedural, 

enforceable at law by a party against the 

United States, its agencies, officers, 

employees, or agents, or any other 

person. 

■ 4. In § 1908.02, revise paragraphs (d) 

and (l), and add paragraph (m) to read 

as follows: 

§ 1908.02 Definitions. 

* * * * * 

(d) Coordinator means the CIA 

Information and Privacy Coordinator 

who serves as the Agency manager of 

the information review and release 

program instituted under the mandatory 

declassification review provisions of 

Executive Order 13526; 

* * * * * 

(l) The Order means Executive Order 

13526 of December 29, 2009 and 

published at 75 FR 707 (or successor 

Orders); 

(m) Agency Release Panel (ARP) refers 

to the Agency’s forum for reviewing 

information review and release policy, 

the adequacy of resources available to 

all Agency declassification and release 

programs, and hearing appeals in 

accordance with this section. 

■ 5. Revise § 1908.04 as follows: 

§ 1908.04 Suggestions and complaints. 

The Agency welcomes suggestions, 

comments, or complaints with regard to 

its administration of the mandatory 

declassification review program 

established under Executive Order 

13526. Members of the public shall 

address such communications to the 

CIA Information and Privacy 

Coordinator. The Agency will respond 

as determined feasible and appropriate 

under the circumstances. 

■ 6. Revise § 1908.12 to read as follows: 

§ 1908.12 Exceptions. 

Mandatory Declassification Review 

requests will not be accepted from an 

individual who is not a citizen of the 

United States or an alien lawfully 

admitted for permanent residence, nor 

from a foreign government entity or any 

representative thereof. Declassification 

review requests will not be accepted for 

documents required to be submitted for 

prepublication review or other 

administrative process pursuant to an 

approved nondisclosure agreement; for 

information that is the subject of 

pending litigation; nor for any 

document or material containing 

information contained within an 

operational file exempted from search 

and review, publication, and disclosure 

under the Freedom of Information Act. 

If the Agency has reviewed the 

requested information for 

declassification within the past two 

years, the Agency will not conduct 

another review, but the Coordinator will 

notify requester of this fact, the prior 

review decision, and of applicable 

appeal rights pursuant to section 3.5(e) 

of the Order. 

■ 7. Revise § 1908.13 to read as follows: 

§ 1908.13 Requirements as to form. 

The request shall describe the 

document or material containing the 

information with sufficient specificity to 

enable the Agency to locate it with a 

reasonable amount of effort. 

§ 1908.14 [Amended] 

■ 8. Add § 1908.14 to read as follows: 

§ 1908.14 Fees. 

(a) Form of payment. Fees may be 

paid in cash, by a check drawn on or 

money order made payable to the 

Treasurer of the United States. 

(b) Reproduction fees. Requesters 

submitting requests via NARA or the 

various Presidential libraries or making 

requests directly to this Agency shall be 

responsible for reproduction costs as 

follows: Fifty cents per page and $10.00 

per CD. There is a minimum fee of 

$15.00 per request for reproductions. 

(c) Search and review fees. Requesters 

making requests directly to this agency 

also shall be liable for search and review 

fees as follows. 

(d) Search fees. Applicable fees will 

be due even if our search locates no 

responsive information or some or all of 

the responsive information must be 

withheld under applicable authority. 

(e) Computer searching. (1) Clerical/ 

Technical—$20.00 per hour (or fraction 

thereof). 

(2) Professional/Supervisory—$40.00 

per hour (or fraction thereof). 

(3) Manager/Senior Professional— 

$72.00 per hour (or fraction thereof). 

(f) Manual searching. (1) Clerical/ 

Technical—$20.00 per hour (or fraction 

thereof). 

(2) Professional/Supervisory—$40.00 

per hour (or fraction thereof). 


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59034 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 

(3) Manager/Senior Professional— 

$72.00 per hour (or fraction thereof). 

(g) Document review. (1) Professional/ 

Supervisory—$40.00 per hour (or 

fraction thereof). 

(2) Manager/Senior Professional— 

$72.00 per hour (or fraction thereof). 

(3) CIA will not charge review fees for 

time spent resolving general legal or 

policy issues regarding the responsive 

information. 

§ 1908.22 [Removed and Reserved] 

■ 9. Remove and reserve § 1908.22. 

■ 10. In § 1908.23, revise paragraph (b) 

to read as follows: 

§ 1908.23 Determination by originator or 

interested party. 

* * * * * 

(b) Required determinations: These 

parties shall respond in writing to the 

Coordinator with a finding as to the 

classified status of the information, 

including the category of protected 

information as set forth in section 1.4 of 

the Order, and, if older than ten years, 

the basis for the extension of 

classification time under sections 1.5 

and 3.3 of the Order. These parties shall 

also indicate whether withholding is 

otherwise authorized and warranted in 

accordance with sections 3.5(c) and 

6.2(d) of the Order. 

* * * * * 

§ 1908.24 [Removed and Reserved] 

■ 11. Remove and reserve § 1908.24. 

■ 12. Revise § 1908.33 to read as 

follows: 

§ 1908.33 Designation of authority to hear 

appeals. 

(a) Appeals: Appeals of initial denial 

decisions under the Mandatory 

Declassification Request provisions of 

Executive Order 13526 shall be 

reviewed by the Agency Release Panel, 

which shall issue the final Agency 

decision. 

(b) Membership: The Agency Release 

Panel (ARP) is chaired by the Chief, 

Information Review and Release Group 

and composed of the Information 

Review Officers from the various 

Directorates and the Director, Central 

Intelligence Agency area, as well as the 

representatives of the various release 

programs and offices. The Information 

and Privacy Coordinator also serves as 

Executive Secretary of the ARP. 

(c) Decisions: The ARP shall meet on 

a regular schedule and may take action 

when a simple majority of the total 

membership is present. Issues shall be 

decided by a majority of the members 

present. Any member of the ARP 

disagreeing with the results of a vote 

may appeal the decision in writing to 

the Director, Information Management 

Services (D/IMS). The appeal shall set 

forth clearly and concisely the reasons 

D/IMS should reverse the ARP’s 

decision. Upon receiving the written 

appeal, D/IMS shall have ten business 

days to affirm or reverse, in writing the 

APR’s decision and shall so notify the 

appellant. In the event of a disagreement 

with any declassification and release 

decision by D/IMS, Directorate heads 

may appeal to the Associate Deputy 

Director of CIA (ADD) for resolution. 

The final Agency decision shall reflect 

the vote of the ARP, unless changed by 

the D/IMS or the ADD. 

§ 1908.35 [Removed and Reserved] 

■ 13. Remove and reserve § 1908.35. 

■ 14. Revise § 1908.36 to read as 

follows: 

§ 1908.36 Notification of decision and right 

of further appeal. 

The Executive Secretary of the 

Agency Release Panel shall promptly 

prepare and communicate the final 

Agency decision to the requester, 

NARA, or the particular Presidential 

Library. That correspondence shall 

include a notice, if applicable, that an 

appeal of the decision may be made to 

the Interagency Security Classification 

Appeals Panel (ISCAP) established 

pursuant to section 5.3 of the Order. 

■ 15. Revise § 1908.41 to read as 

follows: 

§ 1908.41 Right of Further Appeal. 

A right of further appeal may be 

available to the Interagency Security 

Classification Appeals Panel established 

pursuant to section 5.3 of the Order. 

Action by that Panel will be the subject 

of rules to be promulgated by the 

Information Security Oversight Office. 

Dated: August 10, 2011. 

Joseph W. Lambert, 

Director, Information Management Services. 

[FR Doc. 2011–21572 Filed 9–22–11; 8:45 am] 

BILLING CODE 6310–02–P 

CENTRAL INTELLIGENCE AGENCY 

32 CFR Part 1909 

Access by Historical Researchers and 

Certain Former Government Personnel 

AGENCY: Central Intelligence Agency. 

ACTION: Final rule. 

SUMMARY: Consistent with Executive 

Order 13526, the Central Intelligence 

Agency (CIA) has undertaken and 

completed a review of its public 

regulations on access by historical 

researchers and certain former 

government personnel. As a result of 

this review, the Agency has revised its 

access regulations to more clearly reflect 

the current CIA organizational structure 

and policies and practices, and to 

eliminate ambiguous, redundant and 

obsolete regulatory provisions. This rule 

is being issued as a final rule without 

prior notice of proposed rulemaking as 

allowed by the Administrative 

Procedure Act for rules of agency 

procedure and interpretation. 

DATES: Effective September 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Joseph W. Lambert, (703) 613–1379. 

SUPPLEMENTARY INFORMATION: Consistent 

with Executive Order 13526, the CIA 

has undertaken and completed a review 

of its public regulations on access by 

historical researchers and certain former 

government personnel. As a result of 

this review, the Agency has revised its 

access regulations to more clearly reflect 

the current CIA organizational structure 

and policies and practices, and to 

eliminate ambiguous, redundant and 

obsolete regulatory provisions. This rule 

is being issued as a final rule without 

prior notice of proposed rulemaking as 

allowed by the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(A) for 

rules of agency procedure and 

interpretation. 

List of Subjects in 32 CFR Part 1909 

Access by historical researchers and 

certain former government personnel, 

Classified information. 

Accordingly, the CIA is amending 32 

CFR part 1909 as follows: 

PART 1909—ACCESS BY HISTORICAL 

RESEARCHERS AND CERTAIN 

FORMER GOVERNMENT PERSONNEL 

PURSUANT TO SEC. 4.4 OF 

EXECUTIVE ORDER 13526 

■ 1. The authority citation for part 1909 

is revised to read as follows: 

Authority: Executive Order 13526, 75 FR 

707, 3 CFR 2010 Comp., p. 298–327 (or 

successor Orders). 

■ 2. Revise the part heading to read as 

set forth above. 

■ 3. Revise § 1909.01 to read as follows: 

§ 1909.01 Authority and purpose. 

(a) Authority. This part is issued 

under the authority of and in order to 

implement section 4.4 of E.O. 13526 (or 

successor Orders); the CIA Information 

Act of 1984, as amended (50 U.S.C. 

431); section 102 of the National 

Security Act of 1947, as amended (50 

U.S.C. 403); and section 6 of the Central 

Intelligence Agency Act of 1949, as 

amended (50 U.S.C. 403g). 


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